An arbitration clause is a provision in which parties agree to settle any future disputes by arbitration. An arbitration clause can be stated in a contract, Articles of Association or general terms and condition. An arbitration clause excludes parties to submit a dispute to a (Dutch) civil court.
Arbitration agreement
If parties are not already bound by an arbitration clause, they can still agree to settle an existing dispute by arbitration. this is referred to as an arbitration agreement. If questioned in court a party has to present documentary evidence that an arbitration (whether by provision or separate agreement) was agreed between parties.
Applicability of Arbitration clause
An arbitration clause is often part of general terms and conditions. In that case the general provisions regarding to the applicability of general terms and conditions (as found in the Civil Code) apply as well.
Recognition and enforcement of arbitral awards
An arbitral award (decision) issued by a Arbitration committee can easily be recognized and, subsequently, enforced. An arbitral award issued in an international arbitration outside The Netherlands can, in many cases, also be recognized.
